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Sandie Peggie vs NHS Fife Health Board and Dr Beth Upton, following Employment Tribunal judgment - thread #62

1000 replies

nauticant · 03/08/2026 18:00

Judgment was handed down on 8 December 2025:

https://assets.publishing.service.gov.uk/media/6936ce28a6fc97b81e57436a/S_Peggie_v_Fife_Health_Board__Dr_Upton.pdf

Sandie Peggie, a nurse at Victoria Hospital in Kirkcaldy (VH), brought claims in the employment tribunal against her employer; Fife Health Board (the Board) and another employee, Dr B Upton. Ms Peggie’s claims are of sexual harassment, harassment related to a protected belief, indirect discrimination and victimisation. Dr Upton claims to be a transwoman, that is observed as male at birth but asserting a female gender identity.

The Employment Tribunal hearing started on Monday 3 February 2025 and was expected to last 2 weeks. However, after 2 weeks it was not complete and it adjourned part-heard. It resumed on 16 July and the last day of evidence was 29 July 2025. It resumed again over 1 to 2 September for closing submissions.
Following handing down of the judgment on 8 December 2025, on 11 December 2025, it was announced by Sandie Peggie and her legal team that they would be pursuing an appeal and it was reported on 3 August 2026 that leave to appeal had been granted with an expectation that the appeal proceedings could take place in court early next year (2027).

The hearing was live tweeted by x.com/tribunaltweets and there's additional information here: tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-005 and tribunaltweets.substack.com/p/peggie-vs-fife-health-board-and-dr-bd6.

Links to previous threads #1 to #60 can be found in this thread: mumsnet.com/talk/womens_rights/5379717-sandie-peggie-list-of-threads-covering-employment-tribunal-and-afterwards

Thread 60: mumsnet.com/talk/womens_rights/5461133-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-60 16 December 2025 to 8 January 2026

Thread 61: mumsnet.com/talk/womens_rights/5472628-sandie-peggie-vs-nhs-fife-health-board-and-dr-beth-upton-following-employment-tribunal-judgment-thread-61 8 January 2026 to 3 August 2026

OP posts:
Thread gallery
25
AWomanOfWealthAndTaste · 23/09/2026 21:09

YourWatermelonship · 23/09/2026 21:00

Yes the colleague of Sandie's that went on the stand to gleefully share the racist jokes had named a patient (full name and surname) and discussed their condition on the same WhatsApp group.

She also burst into tears and answered "no" when Naomi asked her if that was the worst thing she (the colleague, I forget her name) had said on the group. So Lord knows what else was on that chat.

Re Dr Upton - I seem to remember that people who complained about him were told that his professional body wouldn't investigate while proceedings are ongoing.

The professional equivalent of a Darwin Award.

AugustDieSheMust · 23/09/2026 21:46

The Times article says
The hearing was told that Fraser was copied into an email which recorded that she had been sexually assaulted by a GP when she was 15.

I thought I'd read on here that it was when she was 17? It wasn't on just a single occasion, but I didn't have the impression that it was between the ages of 15 and 17.

What a fabulous photo of the women outside the Tribunal hearing today, though. Their banners are brilliant, saying important things and so beautifully made.

JanesLittleGirl · 23/09/2026 21:47

nauticant · 23/09/2026 11:10

Here's what I plan to have as the title for the next thread:

Sandie Peggie and various matters including Employment Tribunals and legal claims against NHS Fife Health Board, the Royal College of Nursing, and individuals connected with NHS Fife - thread #63

Does anyone have any objections to this?

Would it not be easier to call it: : Sandie Peggie vs The Establishment - thread #63 ?

BettyFilous · 23/09/2026 22:08

Boiledbeetle · 23/09/2026 14:23

I'm so looking forward to the bit where it all falls apart when Naomi starts questioning the other sides witnesses, because you just know she's sitting on something that will make us having to listen to this man's constant waffling worth it.

I sniggered like Mutley when I read this.

Reading Nick Wallis’ extract from the disclosures about the repeated nature of the sexual assaults Sandie endured from her GP made me so sad for 17 year old Sandie, and understandably cautious adult Sandie whose distress was also ignored. Everyone at Fife and RCN involved in trying to dismiss and crush Sandie needs to take a long hard look at themselves in the mirror.

ickky · 23/09/2026 22:16

Justabaker · 23/09/2026 18:35

So what I heard today was a union that did as little as possible, did it slowly and badly.

Unless a supplicant dues paying member can recite the magic words in the correct order, no effective help.

Not sure if it's malice or institutional laziness.

I think that was a Morcambe and Wise sketch, I'm playing all the right notes, not necessarily in the right order.

ickky · 23/09/2026 22:32

nauticant · 23/09/2026 19:49

I'm not so keen on this because it's not the only case, it's just the one currently being heard. But if the title is about that, then the title will be out of date at the end of next week.

If people here would prefer something concise, I'd go with Sandie Peggie Employment Tribunal and associated legal claims - thread #63

I would keep it the same and just have "RCN spin off" at the end. 😉

ElenOfTheWays · 23/09/2026 22:48

OhBuggerandArse · 23/09/2026 12:34

Just a reminder not to engage with interrupting wreckers.

They often remind me of toddlers pulling at mummy's sleeve and chattering while she's trying to talk to her friends.

unwashedanddazed · 23/09/2026 23:07

nauticant · 23/09/2026 16:55

If you had success today, then repeat the same things tomorrow.

Advice for life!

lcakethereforeIam · 23/09/2026 23:30

ickky · 23/09/2026 22:32

I would keep it the same and just have "RCN spin off" at the end. 😉

Or 'side quest'.

moto748e · 24/09/2026 01:05

I've just read Nick Wallis's latest blog on this, and IIJM who thinks that the RCN might just have enough wriggle room here?

ProfessorBinturong · 24/09/2026 01:22

From today's evidence I saw little to incriminate them. But we're just getting started. Plenty of time yet. I'm sure MG and NC would have dissuaded Sandie if the case were as thin as it looks at the moment.

poodlemum01 · 24/09/2026 08:11

moto748e · 24/09/2026 01:05

I've just read Nick Wallis's latest blog on this, and IIJM who thinks that the RCN might just have enough wriggle room here?

I'm a bit unsure as well, I know a bit about how unions decide how to support thanks to my own two tribunal cases and previously being a TU rep myself.

I got the impression yesterday Sandie was too quick to go to Margaret for help and even if Margaret tried to get the union to come back on board, it may still have counted against union rules.

I got a big telling off for just LOOKING into all my options besides the union.

Its only day 2 though, so we'll get a better picture as the hearing progresses.

SylvanMoon · 24/09/2026 08:44

moto748e · 24/09/2026 01:05

I've just read Nick Wallis's latest blog on this, and IIJM who thinks that the RCN might just have enough wriggle room here?

Have you a link to this? I can't find it on his substack.

Madcats · 24/09/2026 09:08

I didn’t manage to read everything yesterday.

At any point has Naomi asked any of the RCN people something along the lines of “Single sex changing areas are mandated by H&S Regs. Why did you not complain about this on behalf of the female nurses?”

Maybe this will come up when the Darlington nurses testify.

Of what I read of the tweets, RCN did put in a token effort and Sandy seems to have ignored attempts to keep in touch.

RoseInAPot · 24/09/2026 09:12

Madcats · 24/09/2026 09:08

I didn’t manage to read everything yesterday.

At any point has Naomi asked any of the RCN people something along the lines of “Single sex changing areas are mandated by H&S Regs. Why did you not complain about this on behalf of the female nurses?”

Maybe this will come up when the Darlington nurses testify.

Of what I read of the tweets, RCN did put in a token effort and Sandy seems to have ignored attempts to keep in touch.

None of the RCN people have been in the witness box yet.

SinnerBoy · 24/09/2026 09:19

fanOfBen · Yesterday 14:46

I haven't noticed Michael Foran in the online room, btw, though he said he had a link now

He did, yesterday morning, but later on, said that he hadn't been able to get in. It's scandalous that such a notable, well informed commentator on the subject has been unable to gain access.

nauticant · 24/09/2026 09:20

Revised timetable with 8 witnesses for C and 5 for R

Witnesses for the Claimant (C) give evidence first and then it's the witnesses for the Respondent (R), in this case the RCN. It's possible they'll be able to get through the remaining 6 witnesses for Sandie Peggie today. My guess is that they'll start on the 5 witnesses for the RCN tomorrow.

OP posts:
borntobequiet · 24/09/2026 09:21

I’m very pleased that this half of the week is pretty clear for me. The joys of semi-retirement.

fanOfBen · 24/09/2026 09:39

borntobequiet · 24/09/2026 09:21

I’m very pleased that this half of the week is pretty clear for me. The joys of semi-retirement.

Full retirement's even better! (Though I do have some things I want to get done requiring hands and then limited absence today, so will be glad when BettyBooper can take over c&ping.) Now WFTCHTJ.

Signalbox · 24/09/2026 09:43

ProfessorBinturong · 24/09/2026 01:22

From today's evidence I saw little to incriminate them. But we're just getting started. Plenty of time yet. I'm sure MG and NC would have dissuaded Sandie if the case were as thin as it looks at the moment.

It always looks weak at this point. I can remember thinking the same thing about Maya's case until Ben Cooper got stuck in. Once NC starts cross-examining the witnesses for the RCN it will all look much stronger.

nauticant · 24/09/2026 09:45

For scheduling, this is the current status

The merits hearing is scheduled for 7 working days from 23 September 2026.

OP posts:
fanOfBen · 24/09/2026 09:46

SinnerBoy · 24/09/2026 09:19

fanOfBen · Yesterday 14:46

I haven't noticed Michael Foran in the online room, btw, though he said he had a link now

He did, yesterday morning, but later on, said that he hadn't been able to get in. It's scandalous that such a notable, well informed commentator on the subject has been unable to gain access.

Are you sure about that? I didn't see him say it, and he gave a recap of day 1 live at 4pm yesterday in which I don't think he mentioned having not been there, and it certainly sounded as though he had been!

fanOfBen · 24/09/2026 10:00

From TT:

Day 2 of Peggie vs Royal College of Nursing from Dundee Employment Tribunal today. Peggie is taking action against the RCN, her union, for failure to support her during her employment dispute with Fife Health Board. t.co/4HO6tI77B9

Our coverage of Day 1, background on the case and accumulated press coverage can be found on our Substack here: t.co/CDeWKFjXNE

We are a collective of volunteer journalists and are not paid for our work. Please support us by subscribing to our Substack (link in bio above) which funds our legal and digital expenses and some travel costs.

We report what we hear in good faith but do not provide a transcript of proceedings. There are sound issues that we are navigating

Employment tribunals in Scotland do not require written witness statements; witnesses give their evidence through examination and cross examination. We have been granted permission to live tweet and Employment Judge Sangster has given the following admonition to witnesses: t.co/8S1lvYJYnE

Abbreviations
SP/C - Sandie Peggie,
claimant
RCN/R - Royal College of Nursing,
respondent
NC - Naomi Cunningham,
barrister for claimant
DH - David Hay,
barrister for respondent
J/JS - Employment Judge Melanie Sangster
P1, P2 - Panel members

ET - Employment tribunal
MG - Margaret Gribbon, solicitor for claimant
JF - Jemma Forester, solicitor for respondent
CR - changing room
A&E - A&E department Fife - Fife Health Board, claimant’s employer
DU - Dr. Upton, claims a female identity and respondent in Peggie v NHS Fife

TW - Transwoman (male person claiming female gender identity)
TM - Transman (female person claiming female gender identity)
TWAW - transwomen are women TMAM - transmen are men
GC- Gender Critical
NMC - Nursing & Midwifery Council
GRC - Gender Recognition Certificate
EA/EA10 - Equality Act 2010
MLF - My learned friend
FWS - For Women Scotland
SM - Sex Matters

We may also use abbreviations used in the case Peggie v Fife Health Board. t.co/5lUL53ZyvG

Witnesses
NH - Neale Hanvey, Former Alba MP for Kirkcaldy and Cowdenbeath
LM - Lisa MacKenzie, Murray Blackburn Mackenzie, an independent policy analysis collective. Formerly employed at RCN.
PF - Pauline Fox
SO - Stephen O’Grady
BH - Bethany Hutchison, Claimant nurse in Darlington nurses v County Durham & Darlington NHS Foundation Trust.

We are in the courts online waiting room so will be reporting once we are admitted and the court sits.

AugustDieSheMust · 24/09/2026 10:01

fanOfBen · 24/09/2026 09:46

Are you sure about that? I didn't see him say it, and he gave a recap of day 1 live at 4pm yesterday in which I don't think he mentioned having not been there, and it certainly sounded as though he had been!

Yes, he did say in his broadcast that he and other journalists had been given late access.

Morning all!
WFTCHTJ

AugustDieSheMust · 24/09/2026 10:03

Oh, and there are several meeting rooms for online access so you can't tell if someone is Observing or not. They could be in a different room.

I think someone said upthread that they were in room 5. That's not the number of the room I'm in.

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